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Palmako Warranty

PALMAKO WARRANTY TERMS FOR GARDEN PRODUCTS AND PROCEDURE FOR SETTLEMENT OF
COMPLAINTS
1. General provisions
1.1. This document (hereinafter referred to as the “Terms”) governs the general storage, installation
and maintenance requirements for products sold by Palmako AS (hereinafter referred to as the
“Seller”), the terms of the warranty provided on the products, and the procedure for raising and
settlement of claims or other complaints under the warranty.
1.2. Unless otherwise stated, the Terms apply to the sale of any product manufactured by the Seller
(hereinafter referred to as the “Product” or in plural as the “Products”) by the Seller or its authorised
reseller, regardless of whether the buyer is a person engaged in an economic or professional
practice or a consumer (hereinafter referred to as the “Buyer”).
2. General storage, installation and maintenance requirements for Products
2.1. Storage of Products and packaging prior to installation. The Buyer is required to store a Product
after its receipt in such a manner as to ensure that the Product and its packaging remain intact.
The Product and its packaging should be stored in a dry place, avoiding direct contact with the
ground and providing protection from the weather (including direct sunlight and humidity), and
avoiding storage of the Product in a heated room. Pack needs to be opened shortly prior to
assembly to avoid details getting dirty and deformed. For the same reasons it is needed to avoid
wet and hot (>30C) days for assembly.
2.2. Protection from the weather. To protect the Product from the weather, the Buyer has to paint the
Product with appropriate paint immediately after installation (unless the painting or pressure
treatment has been done by the Seller). This demand applies also for “dipped” houses where
Seller has made the primary treatment. Depending on the specificity of a Product (wooden house,
glued laminated timber product or other finished wooden product), the Product should be
maintained as follows for the warranty provided on the Product to remain in effect:
2.2.1. A wooden Product should be treated with a wood preservative and then regularly painted
as this significantly prolongs the life of the Product. A wooden house (including windows
and doors) should be repainted with a generally recognised paint specifically intended for
wooden houses within 4 weeks of the erection of the walls at the latest. Both first painting
and repainting should follow the specifications and advice provided by the manufacturer
of the paint.
2.2.2. Roof needs to be covered with covering material suitable for local weather conditions.
Roofing felt that is included in the packages of some products is not a final product but
only an underlayer.
2.2.3. When choosing the location for a wooden house, it is the responsibility of the Buyer to
ensure that the Product is not exposed to extreme weather conditions (heavy snow or
strong winds), otherwise the Product must be fixed to the subsoil (e.g. by anchors) and
snow needs to be pushed off regularly.
2.2.4. During at least the first three years, adjustable bolt down post supports and threaded rods
of the wooden house (if they are part of the Product) should be tightened or loosened as
necessary.
2.2.5. Adequate ventilation should be ensured for strip foundation or closed perimeter pillar
foundation.
2.2.6. Roofing should be checked regularly for leaks, and the “cold” roof construction should be
checked for the adequacy of ridge airing.
2.2.7. The Product should be protected from damage caused by people, animals or plants (hits,
scratches, damage caused by pressurised water or roots of plants, etc.).
2.2.8. Any holes in the Product caused by pith knots should be filled with suitable filler material
for wood.
2.3. Preservation of documents and data. The Buyer is required to keep all documents accompanying
the Product (incl. invoice, delivery note, CMR, assembly manual with inspection sheet) and to
ensure that the unique identification number of the Product is preserved (the identification number
is indicated on the label of the Product’s packaging and on the inspection sheet attached to the
assembly manual). The Seller has the right to require the Buyer to append these documents to
any complaint. Failure by the Buyer to provide these documents will be deemed to constitute
failure to abide by the documents and the instructions given therein.
2.4. Product-specific use and maintenance requirements. In addition to the provisions of this section,
the Buyer is required to follow the requirements arising from the documentation and manuals that
accompany the Product when storing, using and maintaining the Product.
3. Warranty terms
3.1. Warranty provider. The warranty is provided on the Products by Palmako AS, address Näituse 25,
Tartu 50409, phone 7 355 530, e-mail contact@palmako.ee.
3.2. Duration of warranty. The Seller provides a 5-year warranty on the Products, unless otherwise
stated in the additional warranty terms accompanying or made available with a particular Product
or in these Terms. The warranty period begins upon delivery of the Product to the Buyer. It is
assumed that the date of delivery of a Product coincides with the date of the invoice issued to the
Buyer for the Product. Repairing or replacing a Product during the warranty period will not entail
an extension of the warranty period or a new warranty with a new term. The warranty for parts
replaced or repaired during the warranty period of the Product will expire upon expiry of the
warranty period for the Product as a whole.
3.3. Scope of warranty. The warranty provided on the Product does not cover any other products sold
together with the Product (such as roofing materials, acrylic or glass surfaces, door and window
hinges and joints, locking systems or other accessories) that have not been manufactured by the
Seller, or the installation of the Product or related costs.
3.4. Conditions of validity of warranty. The warranty is only valid if:
3.4.1. the Product has been purchased from the Seller or from an authorised reseller of the
Seller or through its official sales channels, and the warranty applies only to the person
who purchased the Product from such persons;
3.4.2. by the time of the warranty claim, the Buyer has duly paid all invoices issued for the
Product;
3.4.3. the Product has been properly stored, installed, used and maintained;
3.4.4. no improvements or changes have been introduced to the Product that are not in
accordance with the Product manual or use and maintenance requirements.
3.5. Warranty claim. Warranty claims may be raised as a result of design faults of the Product, missing
elements, non-conformity of the material to quality requirements and other defects in the Product
that result in the non-conformity of the Product to the terms and conditions of the contract, the
inclusion of which in the scope of the warranty is not precluded by these Terms.
3.6. The following is not covered by the warranty:
3.6.1. expansion, shrinkage and shade variations arising from the natural behaviour and
peculiarities of wood as a natural material;
3.6.2. sound/ingrown knots in the elements of the Product that do not impair the stability of the
Product;
3.6.3. pith knots with a diameter of up to 10 mm in the elements of the Product (incl. if they occur
at the edges of the elements but are not visible in the structure after finishing);
3.6.4. small fissures or cracks in the elements of the Product (resulting from drying), if they are
not transversing and do not endanger the stability of the structure of the Product;
3.6.5. twisting/bending of the elements of the Product that do not prevent installation;
3.6.6. resin pockets and caulking marks in the elements of the Product;
3.6.7. non-planed surfaces, shade variations, wane and pith knots on floor and roofing boards,
provided that the boards can be installed in such a way that these defects are not visible
after finishing (e.g. by turning the boards);
3.6.8. presence of finger-jointed details in the walls, doors or windows of the Product;
3.6.9. defects found in the Product that are caused by:
- incompetent or incomplete assembly or substandard foundation;
- improper handling or use of the Product, its parts or materials by the Buyer, or breach
of the requirements for storage and maintenance of the Product;
- changes introduced to the Product or any part thereof without the prior consent of the
Seller;
- too rigid fastening of storm strip or rails, screwing of door frames or trims to wall
elements, etc., which prevents the wooden elements from expanding and shrinking
normally;
- failure to protect the Product against weather conditions (e.g. by means of anchors,
fastening strips, etc.);
- humans, animals or forces of nature, such as wind of force 7 or above on Beaufort
scale, natural disasters or other events with destructive external effects (such as
lightning, thunderstorm or tornado);
- inappropriate choice or improper installation of the roofing material (incl. failure to
consider the load-bearing capacity of the roof of the Product), as well as inadequate
insulation of the base of shingles or roofing felt during roof construction;
- storage of the unassembled Product by the Buyer for more than one year;
- spare parts, supplementary parts or other accessories used on the Product that are
not original parts and whose use has not been previously agreed with the Seller;
3.6.10. garden cabins wall leakages caused by rain and sidewind;
3.6.11. any other properties of the Product if the Product meets the quality standards of the Seller
in respect of its properties.
3.7. The Buyer forfeits the rights arising from the warranty in the following cases:
3.7.1. the Buyer has failed to properly check the quantity, completeness, and quality of the
Product upon receipt, if the defect in the Product could have been discovered in the course
of a reasonably thorough inspection. The Buyer is required to check the quantity,
completeness and quality of the Product as soon as possible after receipt of the Product,
but in any event before starting assembly;
3.7.2. the Buyer has failed to inform the Seller in good time of the defect in the Product. Any
problem with the quantity, completeness or quality of the Product should be reported by
the Buyer to the Seller immediately, but not later than seven (7) calendar days after the
Buyer discovered or should have discovered the problem;
3.7.3. the Buyer has provided false information to the Seller in connection with the Product or
warranty claim.
3.8. Rights arising from the warranty and exercise thereof. The warranty entitles the Buyer to demand
the rectification of a defect in the Product during the warranty period as described in section 4.3
of the Terms. The warranty does not grant the Buyer any other rights, including the right to claim
compensation for any damage or expense incurred by the Buyer. In order to exercise the rights
arising from the warranty, the Buyer is required to lodge a complaint with the Seller that meets the
requirements of section 4.1 of the Terms. Any disagreement regarding the existence and exercise
of any rights arising from the warranty will first be settled in accordance with section 4.2.
4. Procedure for lodging and settlement of complaints
4.1. Lodging a complaint. All complaints regarding the Products have to be lodged with the Seller in
writing or by e-mail and be accompanied by the following mandatory data and documents:
1) name or code and identification number of the Product (these appear on the label of the
Product’s packaging and on the inspection sheet attached to the assembly manual, in the
form: PE-...);
2) a copy of the inspection sheet attached to the Product assembly manual, accompanied by
the Buyer’s description of the problem and suggestions for resolving the situation, the
Buyer’s name and contact details;
3) a copy of the specification sheet(s) for the parts of the Product on which the Buyer has
indicated the position numbers and quantities of the problem parts;
4) Product purchase invoice.
It is strongly recommended to also include a photo(s).
4.2. Disagreement on the merits of a complaint. In the event of disagreement between the parties as
to the merits of a complaint or the manner in which the complaint is to be settled, an opinion will
be sought from an independent expert chosen jointly by the parties. Unless otherwise agreed by
the parties, the costs of commissioning the expert opinion will be shared equally between the
parties.
4.3. Ways to settle a complaint. In the case that, during the warranty period, a warranty claim or other
reasoned complaint is raised regarding the Product’s non-conformity to the terms of the contract
for which the Seller is responsible:
4.3.1. the Seller will, at its sole discretion, remedy the defect in the Product at its own expense,
replace the defective part(s) of the Product, or supply the missing part(s). If repairing the
Product is considered impractical by the Seller, the Seller has the right to replace the
Product instead of repairing it. If the Seller replaces the Product or a part thereof, the
Buyer will be required to return the defective Product or part thereof to the Seller upon the
request of the latter.
4.3.2. In special cases, the parties may agree that the Buyer will remedy the defect. In this case,
the Buyer has to submit an estimate of the cost of remedying the defect to the Seller in
advance. If the Seller consents to the estimate, the Buyer will provide the Seller with the
expense receipts and other documentation regarding the agreed expenditure after the
expenses have been incurred. Only expenses that were incurred directly for the purpose
of remedying the defect, that ensured that the defect has been remedied in the most
efficient and reasonable manner and that have been previously agreed with the Seller will
be considered eligible expenses.
4.3.3. The parties may agree to remedy a defect in another manner.
4.4. Transport costs. The Seller will reimburse the costs to transport the Product or its part(s) in
connection with the Buyer exercising its rights under the warranty or otherwise making a reasoned
complaint, unless it becomes apparent (including later) that the warranty claim was groundless, the
complaint proves to be unfounded, or the transport of the Product or its part(s) proves to be
unnecessary due to circumstances attributable to the Buyer. The Seller will only reimburse any
additional costs (including transport costs) incurred by the Buyer if the Parties have so agreed before
such costs are borne.
5. Other terms
5.2. The warranty provided by the Seller does not exclude or limit the Buyer’s right to use other rights,
incl. legal remedies, arising from the law or the contract.
5.3. Nothing in these Terms limits the consumer’s statutory rights under the contract of consumer sale,
which may not be derogated from by agreement between the parties.
5.4. These Terms and the warranty provided by the Seller on the Products are governed by Estonian
law. All disputes related to the warranty are subject to the jurisdiction of the Estonian courts, with
Tartu County Court (Tartu Courthouse) having jurisdiction as the court of first instance.
5.5. This wording of the Terms is effective as of 1 January 2020.

 

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